BE IT REMEMBERED, That on the fourteenth day of April, A.D., one thousand nine
hundred ninety-seven, at the hour of six o'clock meridian, being the day and hour named by the
Honorable William J. Janklow, Governor of the state of South Dakota for the convening of the
Legislature in Special Session, the House of Representatives in the Capitol, in the city of Pierre,
in the county of Hughes, and the state of South Dakota, the seat of government thereof, was
called to order by Joyce Hazeltine, the Secretary of State of the state of South Dakota.
The following prayer was delivered by Pastor David Zellmer, Lutheran Memorial Church,
Pierre, South Dakota, at the opening session of the House of Representatives:
O God of all mercy, as we prepare for this special session, we remember those men and
women of this state who have worked diligently to preserve and protect during these past weeks
as flood waters have raged throughout this state. Keep those who continue to bring aid and those
who are in peril safe in Your care. Preserve our state during this time of crisis, and we ask that
You prosper the labor of these men and women who have been set apart to take counsel for the
people of South Dakota. Grant health and favor to all who bear office, especially to our
Governor, Senators and Representatives, and help them to serve Your people according to Your
will. In Your name we pray.
The Pledge of Allegiance to the flag was recited by the members of the House.
District No. 1 Day, Codington, Marshall, and Roberts Counties
David Gleason - Claire City
Mike Jaspers - Eden
District No. 2 Brown and Marshall Counties
Steve Cutler - Claremont
James Sperry - Bath
District No. 3 Brown and McPherson Counties
Craig D. Schaunaman - Aberdeen
Al Waltman - Aberdeen
District No. 4 Brookings, Deuel, and Grant Counties
Robert R. Weber - Strandburg
Larry Diedrich - Elkton
District No. 5 Codington County
Claire B. Konold - Watertown
Don Brosz - Watertown
District No. 6 Clark, Codington, Hamlin, Kingsbury, and Miner Counties
Roger Lee - De Smet
Douglas Kazmerzak - Erwin
District No. 7 Brookings County
Orville B. Smidt - Brookings
Robert A. Roe - Brookings
District No. 8 Lake, Minnehaha, and Moody Counties
Richard Belatti - Madison
Douglas W. Johnson - Elkton
District No. 9 McCook, Minnehaha, and Turner Counties
Clarence Kooistra - Garretson
Kevin R. Crisp - Dell Rapids
District No. 10 Lincoln and Minnehaha Counties
Roger Brooks - Brandon
Roger Hunt - Brandon
District No. 11 Minnehaha County
Mitch Richter - Sioux Falls
District No. 13 Minnehaha County
Dana John Windhorst - Sioux Falls
Linda K. Barker - Sioux Falls
District No. 14 Minnehaha County
Bill Peterson - Sioux Falls
Richard E. "Dick" Brown - Sioux Falls
District No. 15 Minnehaha County
Kay Davis - Sioux Falls
Gil Koetzle - Sioux Falls
District No. 16 Lincoln and Union Counties
Roland Chicoine - Elk Point
Mike Broderick - Canton
District No. 17 Clay and Turner Counties
Gary A. Sokolow - Vermillion
Caitlin F. Collier - Vermillion
District No. 18 Yankton County
Donald E. Munson - Yankton
Garry A. Moore - Yankton
District No. 19 Bon Homme, Douglas, and Hutchinson Counties
Bill L. Van Gerpen - Tyndall
J.E. "Jim" Putnam - Armour
District No. 20 Davison and Hanson Counties
Deb Fischer-Clemens - Mitchell
Dan Matthews - Mitchell
District No. 21 Beadle and Spink Counties
Ron J. Volesky - Huron
Pat Haley - Huron
District No. 22 Aurora, Buffalo, Hand, Jerauld, Sanborn, and Spink Counties
Robert N. Duxbury - Wessington
Joanne Lockner - Wessington
District No. 23 Campbell, Edmunds, Faulk, Hyde, Potter, and Walworth Counties
Jay L. Duenwald - Hoven
District No. 25 Brule, Charles Mix, Gregory, and Lyman Counties
Kenneth E. Kredit - Platte
Bill Cerny - Burke
District No. 26 Bennett, Haakon, Jackson, Jones, Lyman, Melette, and Tripp Counties
John Koskan - Wood
Larry E. Gabriel - Cottonwood
District No. 27 Bennett, Shannon, and Todd Counties
Richard "Dick" Hagen - Pine Ridge
Larry Lucas - Mission
District No. 28A Corson, Dewey, and Ziebach Counties
Dean D. Schrempp - Lantry
District No. 28B Butte, Corson, Harding, and Perkins Counties
Kenneth Wetz - Newell
District No. 29 Butte and Meade Counties
Willard Pummel - Belle Fourche
Kenneth McNenny - Sturgis
District No. 30 Custer, Fall River, and Pennington Counties
Gordon R. Pederson - Wall
Helena Hassard - Hot Springs
District No. 31 Lawrence County
Kay S. Jorgensen - Spearfish
Jerry Apa - Lead
District No. 32 Pennington County
Rex Hagg - Rapid City
Michael DeMersseman - Rapid City
District No. 33 Meade and Pennington Counties
J.P. Duniphan - Rapid City
Carol E. Fitzgerald - Rapid City
District No. 34 Pennington County
Scott Eccarius - Rapid City
Michael Derby - Rapid City
(SEAL)
When the roll was called, all members were present except Reps. DeMersseman and
Sokolow who were excused.
Rep. Cutler moved that the House proceed with the election of officers of the House of
Representatives.
Which motion prevailed.
Rep. Cutler moved that the following officers of the regular Seventy-second Legislative
Session: Speaker of the House, Rex Hagg; Speaker Pro tempore, Roger Hunt; and Chief Clerk
of the House, Karen Gerdes, who are now present be declared elected in their respective offices
for the Special Session.
The question being on Rep. Cutler's motion that the officers of the Special Session be
elected.
And the roll being called:
Yeas 66, Nays 0, Excused 3, Absent and Not Voting 1
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Cerny; Chicoine; Collier;
Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius;
Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson
(Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner;
Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson
(Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp;
Smidt; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg
Excused were:
DeMersseman; Gabriel; Sokolow
Absent and Not Voting were:
Brown (Richard)
The oath of office was administered to Speaker of the House, Rex Hagg; Speaker Pro
tempore, Roger Hunt; and Chief Clerk of the House, Karen Gerdes by the Honorable Pat
McKeever, Judge of the Sixth Judicial Circuit of the state of South Dakota and the same was
subscribed to and placed on file in the office of the Secretary of State.
Joyce Hazeltine, Secretary of State, turned the gavel over to Speaker of the House, Rex
Hagg.
Speaker Hagg now presiding.
The Speaker announced the appointment of the following employees of the House of
Representatives of the Special Session of the Seventy-second Legislative Session: First
Assistant Chief Clerk, Martha Rankin; Second Assistant Chief Clerk, Barbara Butt; Chief of
Enrolling and Engrossing, Marcia Bourk; Index Clerk, Gaytha Ten Eyck; and Sergeant at Arms,
Melvin Candler.
The oath of office was administered to the following employees by the Honorable Pat
McKeever, Judge of the Sixth Judicial Circuit of the state of South Dakota and the same was
subscribed to and placed on file in the office of the Secretary of State:
First Assistant Chief Clerk - Martha Rankin
Second Assistant Chief Clerk - Barbara Butt
Chief of Enrolling and Engrossing - Marcia Bourk
Index Clerk - Gaytha Ten Eyck
Sergeant at Arms - Melvin Chandler
Mr. Speaker announced the following standing committee:
Special Session Standing Committee on Legislative Procedure: Reps. Hagg, Gabriel,
Cutler, Hunt, Richter, Haley, and Lucas.
Rep. Cutler moved that a committee of three on the part of the House be appointed to meet
with a like committee on the part of the Senate for the purpose of fixing the compensation of
the elective and appointive officers and employees of the House and Senate for the Special
Session of the Seventy-second Legislative Session, pursuant to SDCL 2-5-8, with the full power
to act, and that such compensation schedule be filed with the Director of the Legislative
Research Council and the State Auditor.
Rep. Cutler moved that a committee of three on the part of the House be appointed to meet
with a like committee on the part of the Senate relative to the joint rules for the two houses of
the Special Session of the Seventy-second Legislative Session.
Which motion prevailed and the Speaker appointed as such committee Reps. Hagg, Cutler,
and Haley.
Rep. Cutler moved that a committee of three on the part of the House be appointed to meet
with a like committee on the part of the Senate to fix the time of adjournment sine die of the
Special Session of the Seventy-second Legislative Session.
Which motion prevailed and the Speaker appointed as such committee Reps. Hagg, Cutler,
and Haley.
MR. SPEAKER:
Your Joint-Select Committee appointed for the purpose of fixing the compensation of the
elective and appointive officers and employees of the House and Senate for the Special Session
of the Seventy-second Legislative Session, pursuant to SDCL 2-5-8, respectfully reports that
a salary schedule for the elective and appointive officers and employees has been developed and
filed with the Director of the Legislative Research Council and the State Auditor.
Respectfully submitted, Respectfully submitted,
REX HAGG HAROLD W. HALVERSON
STEVE CUTLER M. MICHAEL ROUNDS
PAT HALEY BERNIE HUNHOFF
House Committee Senate Committee
Rep. Cutler moved that the report of the Joint-Select Committee relative to the
compensation of the elective and appointive officers and employees of the House and Senate
for the Special Session of the Seventy-second Legislative Session be adopted.
The question being on Rep. Cutler's motion that the report of the Joint-Select Committee
relative to the compensation be adopted.
And the roll being called:
Excused were:
DeMersseman; Gabriel; Sokolow
Absent and Not Voting were:
Duxbury; Haley; Sperry
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the Joint-Select Committee Report was adopted.
Also MR. SPEAKER:
Your Joint-Select Committee appointed on joint rules respectfully reports that it has had
under consideration the joint rules and recommends that the joint rules of the Seventy-second
Legislative Session be adopted with the following exceptions:
Whereas Article III, Section 9 of the South Dakota Constitution provides that the
Legislature shall determine the rules of its proceedings, your Joint-Select Committee appointed
for the purpose of preparing rules for the Special Session respectfully reports that the rules of
the regular session of the Seventy-second Legislative Session be made the rules of the Senate
and House during the Special Session with the following exceptions and that such printing of
the rules in the journal be dispensed with:
Special Rule No. 1: Notwithstanding any other rule, the presiding officer may dispense
with the referral of a bill or resolution to a standing committee and refer a bill or resolution to
a committee as provided in Special Rule No. 11. All bills or resolutions referred to a standing
committee or to a committee under Special Rule No. 11 may be reported out at any time and
immediately acted upon by the members and considered for a second reading.
Special Rule No. 2: None of the deadlines in regard to bill or resolution introduction and
hearing shall apply to the Special Session. The Governor, with committee sponsorship, or any
legislator may introduce, at any time during this Special Session, any bill or resolution germane
to the proclamation.
Special Rule No. 4: All restrictions dealing with legislative counsel or agents entering the
floor of the House or Senate shall be suspended during this Special Session and access to the
floor of the House and Senate shall be governed by decisions of the presiding officer, provided
that when a house sits as a committee of the whole or a committee under Special Rule No. 11,
legislative counsel or agents, including employees of the state, may enter the chamber for the
sole purpose of making a presentation to the committee of the whole.
Special Rule No. 5: No rules dealing with a call of the house shall apply to the Special
Session, except that the attendance of any member who has answered the initial roll call each
day may be compelled by the presiding officer.
Special Rule No. 6: No rules, including, but not limited to, Rule 5-17 and Rule 7-7, dealing
with required delivery of bills and placement of bills or resolutions on the calendar, shall apply
to the Special Session; and the placement of bills or resolutions on the calendar for second
reading shall be determined by a majority vote of the members-present.
Special Rule No. 7: Rules dealing with the order of business shall prevail, provided,
however, that the order of business may be changed by a majority vote of the members-elect,
thereby bringing up any item of action by such vote. The proclamation calling the Legislature
into Special Session shall govern the consideration of all bills and resolutions and the body shall
determine the germaneness of a given bill and resolution to the proclamation.
Special Rule No. 8: Rules dealing with fiscal notes shall not apply to the Special Session.
Special Rule No. 9: No rules dealing with the printing and distribution of bills or
resolutions shall apply to the Special Session, and the Legislative Research Council and
Secretary of State shall provide photocopies of bills introduced to the public and legislative
agents.
Special Rule No. 10: At the conclusion of the Special Session, the Chief Clerk of the
House and the Secretary of the Senate shall review the journal prepared and make the necessary
corrections and provide the contract printer with the corrected journal for distribution to those
who subscribed to journals during the regular Seventy-second Legislative Session.
Special Rule No. 11: The whole body of either house or of both houses may upon
appropriate motion or motions convene in the nature of, but without the rules ordinarily
pertaining to, a committee of the whole for the sole purpose of taking testimony and evidence,
and allowing interrogation of witnesses, regarding any bill or resolution that may be introduced
within the scope of these rules and the proclamation convening this Special Session.
Respectfully submitted, Respectfully submitted,
REX HAGG M. MICHAEL ROUNDS
STEVE CUTLER HAROLD W. HALVERSON
PAT HALEY BERNIE HUNHOFF
House Committee Senate Committee
Rep. Cutler moved that the report of the Joint-Select Committee relative to the rules for
the Special Session be adopted.
The question being on Rep. Cutler's motion that the report of the Joint-Select Committee
relative to the rules for the Special Session be adopted.
And the roll being called:
Yeas 66, Nays 0, Excused 3, Absent and Not Voting 1
Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny;
Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan;
Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers;
Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee;
Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli;
Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman;
Schrempp; Smidt; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst;
Speaker Hagg
Excused were:
DeMersseman; Gabriel; Sokolow
Absent and Not Voting were:
Duxbury
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and the Joint-Select Committee Report was adopted.
I have the honor to inform your honorable body that the Senate is now in session and has been duly organized by the election of the following officers: President Pro tempore, Harold W. Halverson; Secretary of the Senate, Patricia Adam; First Assistant to the Secretary, Helen
Harryman; Second Assistant to the Secretary, Joan Johnson; and Sergeant at Arms, Curt
Neuharth.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Rounds, Halverson, and Hunhoff as a committee of three on the part of the Senate to meet with
a like committee on the part of the House relative to the joint rules for the two houses for the
Special Session of the Seventy-second Legislative Session.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Halverson, Rounds, and Hunhoff as a committee of three on the part of the Senate to meet with
a like committee on the part of the House for the purpose of fixing the compensation of the
elective and appointive officers and employees of the House and Senate for the Special Session
of the Seventy-second Legislative Session, pursuant to SDCL 2-5-8, with the full power to act
and that such compensation schedule be filed with the Director of the Legislative Research
Council and the State Auditor.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens. Jim
Dunn, Rounds, and Hunhoff as a committee of three on the part of the Senate to meet with a like
committee on the part of the House to fix the adjournment sine die for the Special Session of
the Seventy-second Legislative Session.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to fixing the compensation of the elective and appointive
officers and employees of the Senate and House for the Special Session of the Seventy-second
Legislative Session.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to the Joint Rules for the two houses for the Special Session
of the Seventy-second Legislative Session.
Under the provisions of Special Rule No. 11, the following person testified on SB 1:
Mel Youngerman - Huron - proponent
Rep. Cutler moved that the Joint Committee of the Whole do now rise, which motion
prevailed.
Rep. Cutler announced that the House would reconvene at 9:45 p.m.
The House reconvened at 9:45 p.m., Speaker Hagg now presiding.
HB 1001
Introduced by:
Representatives Cutler, Apa, Belatti, Brooks, Brosz, Brown
(Jarvis), Brown (Richard), Duenwald, Duniphan, Fiegen, Konold, Kooistra, Koskan, Kredit,
Madden, Matthews, Monroe, Munson (Donald), Pederson (Gordon), Pummel, Putnam, Richter,
Roe, Rost, Smidt, Van Gerpen, Weber, and Wetz and Senators Rounds, Aker, Benson,
Daugaard, Dunn (Jim), Everist, Frederick, Hainje, Halverson, Ham, Johnson (William), Kleven,
Shoener, Thompson, Vitter, and Whiting
FOR AN ACT ENTITLED, An Act
to increase the excise tax on certain motor fuels, to
appropriate money to assist counties, municipalities, and townships and to the special
emergency and disaster special revenue fund, to provide for the distribution of such funds, to
appropriate additional FTE, and to declare an emergency.
Was read the first time.
There being no objection the House dispensed with referral of HB 1001 to the Committee
of the Whole.
Rep. Cutler moved that HB 1001 be placed on the calendar for immediate consideration.
Which motion prevailed and HB 1001 was so placed.
HB 1001
:
FOR AN ACT ENTITLED, An Act
to increase the excise tax on certain motor
fuels, to appropriate money to assist counties, municipalities, and townships and to the special
emergency and disaster special revenue fund, to provide for the distribution of such funds, to
appropriate additional FTE, and to declare an emergency.
Was read the second time.
"
Section
1.
That
§
10-47B-4
be amended to read as follows:
10-47B-4.
The fuel excise tax rates for the tax imposed by this chapter are as follows:
Rep. Barker moved the previous question.
Which motion prevailed.
The question now being on Rep. Gabriel's motion that HB 1001 be amended.
Which motion prevailed and HB 1001 was so amended.
Rep. Van Gerpen moved the previous question.
Which motion prevailed.
The question being "Shall HB 1001 pass as amended?"
And the roll being called:
Yeas 59, Nays 9, Excused 2, Absent and Not Voting 0
Yeas were:
Apa; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Collier; Crisp;
Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen;
Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Haley; Hassard; Hunt; Jaspers; Johnson (Doug);
Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden;
Matthews; McNenny; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel;
Putnam; Richter; Roe; Rost; Schaunaman; Smidt; Sperry; Van Gerpen; Volesky; Weber; Wetz;
Wick; Windhorst; Speaker Hagg
Nays were:
Barker; Cerny; Chicoine; Hagen; Koetzle; Moore; Napoli; Schrempp; Waltman
The question being on the title.
Rep. Richter moved that the title to HB 1001 be amended as follows:
I have the honor to transmit herewith SCR 1 which has been adopted by the Senate and
your concurrence is respectfully requested.
Also MR. SPEAKER:
I have the honor to transmit herewith SCR 2 which has been adopted by the Senate and
your concurrence is respectfully requested.
SCR 1
:
A CONCURRENT RESOLUTION,
Urging speedy repair and reopening of Platte-
Winner Missouri River Bridge.
Was read.
Rep. Cerny moved that SCR 1 as found on page 9 of the Senate Journal be concurred in.
Nays were:
Eccarius; Hassard; McNenny; Munson (Donald); Pederson (Gordon); Richter; Wetz; Wick;
Windhorst; Speaker Hagg
Excused were:
DeMersseman; Duxbury; Fiegen; Koetzle; Sokolow
Absent and Not Voting were:
Apa; Gabriel; Haley; Jaspers; Volesky; Waltman
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SCR 1 was concurred in.
SCR 2
:
A CONCURRENT RESOLUTION,
Supporting the communities of Pierre and
Fort Pierre in finding solutions to chronic flooding problems.
Was read.
Rep. Monroe moved that SCR 2 as found on page 10 of the Senate Journal be concurred
in.
The question being on Rep. Monroe's motion that SCR 2 be concurred in.
And the roll being called:
Nays were:
Davis; Eccarius; Lockner; McNenny; Richter; Wetz; Wick
Excused were:
DeMersseman; Duxbury; Koetzle; Sokolow
Absent and Not Voting were:
Apa; Barker; Belatti; Duniphan; Haley; Jaspers; Van Gerpen; Waltman
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SCR 2 was concurred in.
MR. SPEAKER:
I have the honor to return herewith HB 1001 which has passed the Senate without change.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee for the purpose of fixing the time of adjournment sine die for the
Special Session of the Seventy-second Legislative Session.
Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the
Special Session of the Seventy-second Legislative Session respectfully reports that the Senate
and House of Representatives adjourn sine die at the hour of 12:35 a.m., April 15, 1997.
Respectfully submitted, Respectfully submitted,
REX HAGG JIM DUNN
STEVE CUTLER M. MICHAEL ROUNDS
PAT HALEY BERNIE HUNHOFF
House Committee Senate Committee
Rep. Cutler moved that the report of the Joint-Select Committee relative to adjournment
sine die of the Special Session be adopted.
Which motion prevailed and the Joint Select Committee Report was adopted.
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Chief of Engrossing
and Enrolling has carefully compared HB 1001 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1001:
FOR AN ACT ENTITLED, An Act
to increase the excise tax on certain motor
fuels, to appropriate money to assist counties, municipalities, and townships, to provide for the
distribution of such funds, and to declare an emergency.
And signed the same in the presence of the House.
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that HB 1001 was delivered
to his Excellency, the Governor, for his approval at 12:25 a.m., April 15, 1997.
O God of Mercy, as we prepare to close this special session, we ask that You might
preserve our state in this time of crisis. Grant health and favor to all who bear office, especially
to our Governor, Senators and Representatives and help them to serve Your people according
to Your will.
Rep. Gordon Pederson moved that the House do now adjourn sine die, which motion
prevailed, and at 12:35 a.m., April 15, 1997, the House adjourned.